1. c. 23. 15. 21. E. 3. 23. But it is believed never to have been
capital. 1. H. P. C. 425. 1 Hawk. 75. Foster, 282. 4. Bl. 188. It
seems doubtful also, whether at Common law, the party forfeited all
his chattels in this case, or only paid a weregild. Foster, ubi
supra, doubts, and thinks it of no consequence, as the statute of
Gloucester entitles the party to Royal grace, which goes as well to
forfeiture as life. To me there seems no reason for calling these
excusable homicides, and the killing a man in defence of property, a
justifiable homicide. The latter is less guiltless than misadventure
or self-defence.
Suicide is by law punishable by forfeiture of chattels. This bill
exempts it from forfeiture. The suicide injures the State less than he who
leaves it with his effects. If the latter then be not punished, the former
should not. As to the example, we need not fear its influence. Men are too
much attached to life, to exhibit frequent instances of depriving themselves
of it. At any rate, the quasi-punishment of confiscation will not prevent it.
For if one be found who can calmly determine to renounce life, who is so
weary of his existence here, as rather to make experiment of what is beyond
the grave, can we suppose him, in such a state of mind, susceptible of
influence from the losses to his family from confiscation? That men in
general, too, disapprove of this severity, is apparent from the constant
practice of juries finding the suicide in a state of insanity; because they
have no other way of saving the forfeiture.
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